§ 27-1809 — Enforcement of this title

New York § 27-1809

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 18: Extended Producer Responsibility For Rechargeable Batteries
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-1809. Enforcement of this title.\n 1. Any person who violates the provisions of section 27-1805 of this\ntitle shall be liable for a civil penalty in the amount of fifty dollars\nfor the first violation, one hundred dollars for a second violation\ncommitted within twelve months of a prior violation and two hundred\ndollars for a third or subsequent violation committed within twelve\nmonths of any prior violation.\n 2. Any retailer as that term is defined in section 27-1803 of this\ntitle, who violates the provisions of section 27-1807 of this title\nshall be liable for a civil penalty in the amount of two hundred dollars\nfor the first violation, four hundred dollars for a second violation\ncommitted within twelve months of a prior violation, and five hundred\ndollars for a third or subsequent violation committed within twelve\nmonths of any prior violation.\n 3. Any battery manufacturer, as that term is defined in section\n27-1803 of this title, who violates the provisions of section 27-1807 of\nthis title shall be liable for a civil penalty in the amount of two\nthousand dollars for the first violation, four thousand dollars for a\nsecond violation committed within twelve months of a prior violation,\nand five thousand dollars for a third or subsequent violation committed\nwithin twelve months of any prior violation.\n 4. Civil penalties under this section shall be assessed by the\ncommissioner after a hearing or opportunity to be heard pursuant to the\nprovisions of section 71-1709 of this chapter, or shall be assessed by\nthe court in any action or proceeding pursuant to this section. In\naddition to any civil penalties, any person, retailer or manufacturer,\nas those terms are defined in section 27-1803 of this title, may by\nsimilar process be enjoined from continuing such violation.\n 5. In a city with a population of one million or more, such city\nshall, in addition to any authority otherwise conferred in this chapter,\nhave concurrent authority to enforce, by an agency or agencies\ndesignated for such purpose by the mayor of such city, the provisions of\nsection 27-1805 and subdivision one of section 27-1807 of this title.\nAny notice of violation issued by an agency designated by the mayor of\nsuch city charging a violation of section 27-1805 and subdivision one of\nsection 27-1807 of this title shall be returnable to the environmental\ncontrol board of such city. Such environmental control board shall have\nthe power to impose the civil penalties set forth in subdivisions one,\ntwo and three of this section. All civil penalties collected for any\nviolation of this title that have been imposed by the environmental\ncontrol board of such city shall be paid into the general fund of such\ncity.\n